Federal Deception Law: 10.9.2 Arbitration Requirements and Whistleblower Retaliation Claims
While the FCA claims brought on behalf of the government are likely not subject to a relator’s arbitration agreement,144 the majority of courts now conclude that the federal False Claims Act’s protections against retaliation for whistleblowers are subject to such arbitration agreements.145 Whereas qui tam claims belong to the government, retaliation claims—though part of a statutory scheme that supports false claims acts—run to the benefit of the whistleblower.